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Bombay High Court

Searce Cosourcing Services Private Limited Through its Authorized Representative Ms Diwyata BurbureversusHYPD Marketing Technologies Private Limited and Anr

Decided
Disposal
DISPOSED OFF

Holding

The Court appoints Mr. Ashish Venugopal as the sole arbitrator to hear the disputes under the agreement.

Summary

The applicant filed an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator pursuant to an arbitration agreement contained in Clause 21 of a 2023 agreement, which designated Mumbai as the seat and venue. The High Court examined whether it had jurisdiction to appoint an arbitrator under the Act and found that the matter fell within its jurisdiction. By consent of the parties, the Court appointed Mr. Ashish Venugopal as the sole arbitrator to adjudicate the disputes arising from the agreement. The order directed the parties to furnish contact details to the arbitrator, to comply with the statutory State of Disclosure under Section 11(8) read with Section 12(1), and to appear for procedural directions. It also stipulated that arbitral costs and fees would be borne equally by the parties, subject to the final award. The Court expressly stated that the order does not express any opinion on the merits of the dispute.

Issues considered

  • Whether the High Court has jurisdiction to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
  • Whether the appointment complies with the arbitration agreement specifying Mumbai as the seat.

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Section 11
  • Arbitration Agreement
  • Arbitral Costs
  • State of Disclosure

Judgment

                                                                       45-arbap-239-2026.doc


                           SHABNOOR

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION

                                 ARBITRATION APPLICATION NO. 239 OF 2026
SHABNOOR
AYUB                  Searce Cosourcing Services Private
PATHAN
                      Limited Through its Authorized
Digitally signed by
SHABNOOR AYUB
PATHAN
                      Representative Ms Diwyata Burbure          … Applicant
Date: 2026.08.21
18:58:26 +0530
                                 V/s.
                      HYPD Marketing Technologies
                      Private Limited and Anr.                   … Respondents

                      Ms. Keertana Nair i/b GNP Legal, Advocate for the
                      Applicant.
                      Mr. Ishan Agrawal a/w Ms. Rasika Ghate i/b
                      Nyaayam Associates, Advocates for the Respondents.

                                                 CORAM     : AMIT BORKAR, J.

                                                 DATED     : AUGUST 21, 2026

                      P.C.:
                      1.      This Application has been filed under Section 11 of the
                      Arbitration and Conciliation Act, 1996 (“the Act”), seeking
                      appointment of an arbitrator in connection with the disputes
                      and differences stated to have arisen between the parties under
                      the Agreement dated 25 August 2023, at page 43 of the
                      Application. The arbitration agreement is contained in Clause 21
                      at page 43 of the Application, which provides that the seat and
                      venue of the arbitration shall be Mumbai, India. In the interest
                      of brevity, the arbitration agreement is not extracted herein.
                      Suffice it to say that the present matter falls within the



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                                                      45-arbap-239-2026.doc


jurisdiction of this Court.

2.    By consent of the parties, following order is passed:

      (a)   Mr. Ashish Venugopal, Advocate of this Court having
      Address:    Chambers    of       Nikhil   Sakhardande,     Senior
      Advocate, 1101, 11th Floor, 1infinity (formerly known as
      Ramnimi Fort), Cawasji Patel Street, Mumbai - 400 001.
      Email:[email protected]            Contact:       +91
      9029071385 is appointed as the sole Arbitrator to
      adjudicate upon the disputes and differences between the
      parties arising out of an in connection with the
      Agreement;

      (b)   A copy of this order will be communicated to the
      learned Sole Arbitrator by the Advocates for the petitioner
      within a period of one week from the date of upload of
      this order. The petitioner shall provide contact and
      communication particulars of the parties to the Arbitral
      Tribunal along with a copy of this order;

      (c)   The learned Sole Arbitrator is requested to forward
      the statutory State of Disclosure under Section 11(8) read
      with Section 12(1) of the Act to the parties within a period
      of two weeks from receipt of a copy of this order;

      (d)   The parties shall appear before the learned Sole
      Arbitrator on such date and at such place as indicated, to
      obtain appropriate directions with regard to conduct of the




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      arbitration including fixing a schedule for pleadings,
      examination of witnesses, if any, schedule of hearings etc.
      At such meeting, the parties shall provide a valid and
      functional email address along with mobile and landline
      numbers of the respective Advocates of the parties to the
      Arbitral Tribunal. Communications to such email addresses
      shall constitute valid service of correspondence in
      connection with the arbitration;

      (e)   All arbitral costs and fees of the Arbitral Tribunal as
      per Schedule IV shall be borne by the parties equally in the
      first instance, and shall be subject to any final Award that
      may be passed by the Tribunal in relation to costs.

3.    Needless to say, nothing contained in this order is an
expression of an opinion on merits of the matter or the relative
strength of the parties. All issues on merits are expressly kept
open to be agitated before the arbitral tribunal appointed
hereby.
4.    All issues on merits are expressly kept open to be agitated
before the arbitral tribunal appointed hereby.

5.    All actions required to be taken pursuant to this order
shall be taken upon receipt of a downloaded copy as available
on this Court’s website.

                                           (AMIT BORKAR, J.)




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